Sponsoring an american wife-to-be

[Habsfan]

Hello,

My girlfriend is American and on her next visit here, I plan on proposing to her and ask her to move in with me in Canada, more specifically in Quebec. I already know she will say yes, but I have questions regarding immigration.

I understand that having her stay in the States and apply from outside Canada is probably easier, but if we don't want to have to wait a year before being together, is applying from within Canada a viable option for us?

Would it be alright for us to get married here (in Canada) on her next trip, and then apply for spouse sponsorship from within Canada in the following weeks as well as apply for an extension of her temporary visitor status? The only potential issue I can think of with this is that the immigration office may have doubt concerning the genuinity of our relationship, but we do have millions of e-mails and a bunch of pictures from past visits to support it, so does that makes things okay?

As long as we respect all of the official criteria for spouse sponsorship, fill in the application properly and provide all the information, official papers and fees asked, and keep her temporary visitor status valid until she gets her permanent resident status, is there anything else I may not be thinking of that could compromise the whole thing?

Thanks in advance for your comments and your help, it is much appreciated
Also, good luck to all those of you out there going through something similar!

 

[CharlieD10]

You can apply Outland even while she visits with you, many American and other visa-exempt partners of Canadians do so. In most cases, it is faster to apply Outland. Buffalo is processing 80% of cases in 11 months, you would be getting first stage approval by that time if you applied Inland. There would still be the second stage, and depending on where you are, it could be months more before she receives a landing interview appointment.

Look at the first post in the first thread of this forum, you will see a comparison of the Inland vs Outland options. Only in a few circumstances is it advantageous for Americans to apply via the Inland process.

 

[Habsfan]

Hi Charlie, thanks for your quick reply!

I did read that part in the first post of the first thread, but, okay maybe I'm not asking the right questions..

If we apply from outside, can she be "visiting" me in Canada for the entire duration of the process, or would she have to go back to the states for most of the wait and would only be allowed to visit for a few weeks at the time..?

P.S.: sorry if it's said in the first post of the first thread.. it's still very unclear to me >.<

 

[Extrix]

I actually posted a similar topic just 30 minutes ago, my fiance is also from the United States. This is very informative and is answering the questions I had! Keep going!

 

[Habsfan]

hehe yeah, I saw your post Extrix, was going to go post in there to tell you to come check this thread if noone had answered yours by the time I get a "definitive" answer to my main question, which seems to be yours too

Best luck you to bud!

 

[jayde]

My husband (American) and I applied in March, and he has lived in Indiana the entire time.. just visiting for two weeks every few months since our wedding in April 2010.

So after his last visit, he went back to the states on may 8... and we just decided we've had enough. We'll make it work financially and he's going to come here and wait it out with me.

Your girlfriend can stay as a visitor (as the US is visa-exempt) for six months at a time. She will not be able to work or get health care etc.

All I can say is, applying is not a one-day process where you fill out a form and ta-da, send it away. Be sure to read the guides, and get all of your information gathered. It will not be just a couple of weeks and off goes your app... you're looking at a couple of months in preparing your application... so start your research now. It's daunting, but worth it.

Hope that helps

 

[Extrix]

My husband (American) and I applied in March, and he has lived in Indiana the entire time.. just visiting for two weeks every few months since our wedding in April 2010.

So after his last visit, he went back to the states on may 8... and we just decided we've had enough. We'll make it work financially and he's going to come here and wait it out with me.

Your girlfriend can stay as a visitor (as the US is visa-exempt) for six months at a time. She will not be able to work or get health care etc.

All I can say is, applying is not a one-day process where you fill out a form and ta-da, send it away. Be sure to read the guides, and get all of your information gathered. It will not be just a couple of weeks and off goes your app... you're looking at a couple of months in preparing your application... so start your research now. It's daunting, but worth it.

Hope that helps

I'm just curious, has he had any issues crossing the border as a visitor since he is married to you?

 

[canadianwoman]

If we apply from outside, can she be "visiting" me in Canada for the entire duration of the process, or would she have to go back to the states for most of the wait and would only be allowed to visit for a few weeks at the time..?

She can come visit, and usually visitors from visa-exempt countries (like America) can stay for 6 months. You can apply for an extension of her stay, which may or may not be granted.
It is better for Americans to apply outland - she can come and go pretty easily, outland is faster, and with outland you can appeal; inland you can't. She can be 'visiting' you for 6 months, and potentially longer, while the outland visa is being processed.
If there is an interview, she would have to go to Buffalo for it, but that's close to where you are living anyway.

 

[Habsfan]

Thanks to all for your help!

I still fail to understand what's so bad about inland applications though.. I must be broken

It would allow her to stay here for the whole process time, right?

If the 3 years process and being unable to travel outside Canada for that time are no object to us, isn't inland application a good option?

 

[Habsfan]

Also, if we do apply from outside and decide to try to extend her stay past 6 months.. if we tie her temporary visitor status extension application with the immigration application, what are the chances to have the temporary visitor status application granted?

 

[canadianwoman]

I still fail to understand what's so bad about inland applications though.. I must be broken

It would allow her to stay here for the whole process time, right?

If the 3 years process and being unable to travel outside Canada for that time are no object to us, isn't inland application a good option?

Inland takes longer, you cannot appeal a refusal, and the applicant is not supposed to leave Canada during processing. Since the applicant is American and doesn't need a visa to visit, in all likelihood she could leave Canada and have no problem coming back in, but being allowed back in is not guaranteed. There might be some emergency at home that she will want to go home for during the processing time.

But yes, with an inland app she could stay in Canada the whole time.

 

[Habsfan]

Thanks so much for the clear reply!

 

[jayde]

Also, if we do apply from outside and decide to try to extend her stay past 6 months.. if we tie her temporary visitor status extension application with the immigration application, what are the chances to have the temporary visitor status application granted?

She is from the States (VISA-exempt) so, it is not necessary for her to fill out a visitor status application from what I understand, she just has to go back over the border and reset the 6 months. Our plan is to go to Montana for a few days in October or November if we haven't got his PPR by then, so he will have another 6 months where he can be in Canada. I do have a friend who works for Customs, and has done border patrol etc, right now he works at the Calgary Airport... he has processed people who were "Moving Pending Landing". He asked the officers who deal with these things at the airport and they all said, so long as he doesn't bring ALL of his belongings, and they believe that he will return if his PR is denied, then "Moving Pending Landing" will work.

I'm just curious, has he had any issues crossing the border as a visitor since he is married to you?

He has not had any issues at all. He has come prepared though, with a copy of our fee receipt etc. Basically the person being sponsored has to show that they are "Visiting" and not "Moving", so my husband will be keeping his larger furniture in storage until his PR is approved. He also has to show that he will abide by the law, and if the PR is denied, he will return to the States and not stay here illegally. He will show that we are in process, that our application has been transferred to Buffalo and that, while he does have the intent to stay, he knows it is contingent on his PR application being approved.

More often than not, (and we've only entered by air), the customs officers simply ask a few questions, always answer truthfully but don't offer information unless they ask for it.

Even when I was travelling to the states, and told them I was going to go get married state-side, they grilled me a little, and warned me to come back and not over-stay, but allowed me to go on without too much trouble. I was sweating bullets though! LOL

 

[Habsfan]

hehe yeah I can imagine..
well all that is good to hear! thanks again jayde

 

[Gismo3029]

Need help !!!

I need to know if the fact that I once used social assistance (4 years ago) for a period of one month was going to affect in any ways my eligibility of being able to sponsor my spouse. I've never used it for more than a month and it was the only time. Thank you in advance.